New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-26
GOULD AND SAGE LET OFF.
10th SUITS HAVE GONE BY THE BOARD.
ON Delaney WANTS TO WITHDRAW THE CHARGES


BEFORE THE D1sTRICT-AITORNNf.
y,s.rct 1ttornev MARITIME received two letters yes
.aav re ating to charges against Jay Could and
Russell sage growing cut OF tbeir acts as trustees OF
the Kansa, Pacific Railway Company. one was from
Mr. Goodwin. Of the law firm OF Alexander, Green,
cunning & Goodwin counsel for the trustees, asking
that an opportunity be given to present the case fo
the trustees before action was taken. The Othn
communication was from william III. Delaney, the
,ourvcr who presented the charges. Mr.. Delaney
said that no wished to withdraw the letter in which
tho charges were made
Mr. Ma,tlno did not return the Delaney letter. but
will read 1t carefully and decide what is to be done
with tho charges. Mr. Delaney did not give any
reason for his request for leave to withdraw his
communication. but It suggested that IT might he
because tho statute Of limitations would prevent any
action IN tho matter The charges refer to acts when
took place in 1870 AMI $780, while the law requires
that proceedings shall be begun within five years OF
the commission Of the act, If the person accused has
continued to reside In the State.
The communication from Mr.. Delaney IN WHEN 'hf
charge, were made is long and bitterly denounces the
,u,,trcs The writer says that Mcssrs. COpd and
.aco became Trustees ON May l, 1c70 of about
2o $50 shares Of the stock OF the Denver Pacific Ka
way and telegraph COMPANY. on January H. l'oo'
hc SAYS memorandum in relation to the 'ohsoi"a
finn agreement Of the Union and Kansas Pacific com
panics with tho Denver Pacific Company was picpa'eu
AZ house OF Jay 6Oulu. MT. I''a"''S
That the proceedings which ended in decree OF inc
snrrcu,o court allow ing the trustees to deliver inc
Oen,cr Pacific stock to the kansas Paclhc Halfway
were Tho result of conspiracy. lie seeks TO nave
Tho Trustees indicted under the sections OF ihe feha
,,os, which make trustees found guilty Of enbezHe
,ncnt liable not only TO fine and Imprisonment as io
grand larceny hut to mther penalty Of fine equal
10 tho mount taken with interest and twenty per cent
Of the original amount ADDED.
TnE CIVIL SUI ALSO DISCONTINUED
The civil >ult recently begun against jay 'oulo
and Rus-,u Sa.e a. trustees OF the Kansas rdcin'
consolidated mort gagr bonds has also been di'cht'huco
,rhe mammal llantirs we're the members OF Du'en
Grm stoop & Rens. but the complaint and aih'aN's
were signed by person, living in this country Niiha
H. DeElncey Of No 81 broadway, who is the attorney
for the plaintirs sent notice 10 the lawyers on The
other side Yesterday saying that he had received
cable d pat ch from Ls clients 10y which be was ordered
f., bIeaa OF the suit The announcement was not nm
cxpected. but II was received with some regret 10y
no principal defendants.
Tho question which az once raised III Wa Stre'
WAS whether the names Of the plaintiffs had been
used without their knowledge aud consent Thee
,,ero persons who believed that the firm had no IN
formation about tue proceeding that had been insti
tu,ed in its name. The mere dispatch ordering INC
,lscontinuanc Of the suit all the information
has wa. on hand. The lawyers for the decnCr sara
mai the disc0minuance did not prevent the beginning
81 a new suit Immediately. snch course nlgh' be
considered prudent If complaint was found 10 be IS
,entiaiy defective. There IL reason 10 think thal
ths defendants disappointed because The aui
was not likely to be brought ~ trial